Case Summary (G.R. No. L-41192-93)
Procedural History
Petitioner Ong Tiao Seng filed an appeal against the decision of the Court of First Instance of Manila regarding Civil Cases Nos. 70182 and 73572. Petitioner received the decision on January 16, 1975, which was amended, and the amended decision was received on February 7, 1975. Following the receipt, petitioner filed a notice of appeal on March 6, 1975. Petitioner subsequently sought an extension of time for filing the record on appeal due to the illness of his counsel, Atty. Macario J. Fernandez. The trial court denied the motion based on its determination that it was filed beyond the 30-day reglementary period.
Court of Appeals Decision
The Court of Appeals upheld the trial court's denial of the appeal, stating that the motion for extension was untimely filed. The court asserted that the petitioner's reliance on his counsel's illness did not constitute a valid excuse, especially given that the motion lacked supporting documentation, including a medical certificate. Additionally, the motion for reconsideration filed by another counsel was also denied for lack of substantiation.
Legal Standards and Analysis
Under Section 2, Rule 38 of the Rules of Court, a party may seek relief if a judgment is entered against them through fraud, accident, mistake, or excusable negligence. To grant such relief, the court must find (1) an acceptable reason for the failure to file on time, (2) a good and substantial cause of action or defense, and (3) that the petition was filed within the specified period. The petitioner argued that the illness of Atty. Fernandez constituted an accident justifying relief; however, the court found that his actions leading up to the illness indicated he was aware of impending deadlines.
Impediments to Appeal
It was determined that the petitioner failed to demonstrate sufficient justification for the late filing of the record on appeal. The court noted that the illness of Atty. Fernandez did not render him incapable of preparing the necessary documentation
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Case Background
- The case involves petitioner Ong Tiao Seng appealing a decision from the Court of First Instance of Manila regarding two civil cases: "Ong Tiao Seng, et al. vs. Gloria San Pedro, et al." and "James R. Yap, et al. vs. Ong Tiao Seng."
- The appeal was denied by Hon. Judge Victorino A. Savellano, which was subsequently affirmed by the Court of Appeals on July 21, 1975.
- The petitioner received the initial decision on January 16, 1975, and an amended decision on February 7, 1975.
Timeline of Events
- March 6, 1975: Petitioner filed a notice of appeal through counsel.
- March 14, 1975: A motion for extension of time to file the record on appeal was filed due to the illness of petitioner’s counsel, Atty. Macario J. Fernandez.
- March 18, 1975: The typewritten record on appeal was filed by the petitioner.
- April 3, 1975: Judge Savellano issued an order denying the admission of the record on appeal due to it being filed out of time.
- May 22, 1975: A motion for reconsideration was denied by the trial judge.
- Petitioner then elevated the matter to the Court of Appeals via a Petition for Certiorari, which was dismissed.
Court of Appeals Rationale
- The Court of Appeals reasoned that the motion for extension was filed beyond the 30-day reglementary period.
- The motion for extension lacked a medical certificate to substantiate the claim of illness.
- Additionally, the motion for reconsideration did not include an affid